Chapter 135 Posted 12/04/2008

Notice of Intended Action - Chapter 135, "Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks"

At the November 10, 2008 meeting, the Environmental Protection Commission (EPC) approved a Notice of Intended Action to amend Chapter 135, “Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks.”  These proposed amendments rescind the requirement for owners and operators of LUST sites to conduct a special risk assessment of nearby public water supply wells (PWSW) that fall outside of the Tier 2 modeled plume.  Assessment of risks to PWSWs will be handled through an interagency agreement (28E) between IDNR and UST Fund (attached below).  A proposed new paragraph (135.8(1)”e”) essentially gives the DNR authority to require owners/operators to conduct further assessment and corrective action if it is determined that an unreasonable risk is present, but is not otherwise addressed through these 28E agreements.

A public meeting on these rules was held on January 6, 2009. Below is a summary of comments received and response to those comments. These amendments will be presented to EPC at their February 17, 2009 meeting for final approval. Attached are the documents submitted to EPC for the February meeting.

• Agenda Item,*pdf
• Chapter 135 amendments for final approval,*pdf
• Response summary to public comments,*pdf

Attached are the documents submitted to EPC for the 11/10/08 meeting.

Contact Elaine Douskey at (515)281-8011 or elaine.douskey@dnr.iowa.gov with any questions or concerns.